Remarks on mediation in Chinese legal system

Abstract

The study aims at reconstructing the evolution of the mediation system in Chinese legal system. Particular attention is dedicated to the difference between out-of-court mediation and judicial mediation. Considering the special position held by mediation in Chinese legal system, the reader can imagine that the reason for this predominance lies in Confucianism. But the position of mediation within the system has not always been favourable. Specially at the beginning of the opening up and reform period, greater focus was dedicated on the construction of a formalised system, designed on Western models, therefor mediation was set aside in order to promote a more structured judicial proceeding. Nevertheless, mediation position was destined to rise again in more recent days, due to several factor, included the favour of international community for ADR.